J.Srinivas S/O Sri.Jayachandra vs G.Dhanalakshmi D/O Govindaswamy on 5 April, 2013
6. It is the submission of the learned counsel for the
petitioner that the petition filed by the respondent under
Section 12 of the Protection of Women from Domestic
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Violence Act ('DV' Act for short) is barred by time under
Section 468 of Cr.P.C. It is his further submission that the
respondent/wife was not in domestic relationship with the
petitioner and she herself has deserted the petitioner.
About 1½ years' prior to the date of filing present the
petition, the Courts below noticing the said fact being
relevant, have come to the conclusion that there exists
domestic relationship and has awarded the monthly
maintenance. It is his further submission that if a petition
has been barred by time under Section 468 of Cr.P.C. the
petition has to be dismissed. He draw my attention to the
order of this Court in Criminal Petition No.11476/2013
dated 8.1.2014 in the case of Gurudev and Anthor Vs.
Jayashree and in another case in the case of J.Srinivas Vs.
G.Dhanalakshmi in Criminal Petition No.2419/2009 dated
5.4.2013 and contended that if the petition is barred by
time, then under such circumstances the petition has to be
dismissed.